DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. This Office Action is sent in response to Applicant's Communication received on March 23, 2026.
Response to Arguments
Applicant's amendments/arguments filed March 23, 2026, regarding claims 1, 4-8, 11-15 and 18-20 rejections under 35 U.S.C. 102(a)(1) have been fully considered but they are not persuasive as explained below.
Applicant respectfully asserts that the cited prior art fails to meet the limitations “…wherein the determiner determines to execute the overtaking operation if a preceding vehicle exists in front of a driving lane on which the host vehicle is driving and the vehicle speed of the host vehicle is less than a value obtained by subtracting a reference value from a predetermined specific speed…” as required in at least independent claims 1, 8 and 15.
The Examiner respectfully submits that Umeda discloses wherein the determiner (action plan generator 140 including an event determiner 142, a target trajectory generator 144, a vehicle stop determiner 146, and {{{an overtaking determiner 148}}}: Fig. 2 and [0061, 0069-0071, 0082-0083, 0087-0088, 0091-0097, 0102, 0104-0114]) determines to execute the overtaking operation if a preceding vehicle exists in front of a driving lane on which the host vehicle is driving and a condition for executing the overtaking operation for the preceding vehicle is satisfied ([0061, 0069-0071, 0082-0083, 0087-0088, 0091-0097, 0102, 0104-0114] and [0067, 0072-0073, 0076-0080, 0084-0090, 0094, 0097, 0100-0101, 0103-0110, 0112-0115]), wherein the determiner (action plan generator 140 including an event determiner 142, a target trajectory generator 144, a vehicle stop determiner 146, and {{{an overtaking determiner 148}}}: Fig. 2 and [0061, 0069-0071, 0082-0083, 0087-0088, 0091-0097, 0102, 0104-0114]) determines that the condition for executing the overtaking operation is satisfied if the vehicle speed of the host vehicle is less than a value obtained by subtracting a reference value from a predetermined specific speed ([Abstract, 0061, 0069-0071, 0082-0083, 0087-0088, 0091-0097, 0102, 0104-0114] and [0067, 0072-0073, 0076-0080, 0084-0090, 0094, 0097, 0100-0101, 0103-0110, 0112-0115]: “A vehicle control device includes a recognizer configured to recognize a situation in the vicinity of a host vehicle, a first determiner configured to determine whether or not speed of a preceding vehicle present in front of the host vehicle in a host vehicle lane where the host vehicle is present is less than prescribed speed, a second determiner configured to determine whether or not a following vehicle present behind the host vehicle in the host vehicle lane has overtaken the host vehicle when the first determiner determines that the speed of the preceding vehicle is less than the prescribed speed, and a driving controller configured to control speed and steering of the host vehicle and cause the host vehicle to overtake the preceding vehicle when the second determiner determines that the following vehicle has overtaken the host vehicle”).
More specifically, Umeda discloses on paragraphs [Abstract, 0096-0097] a vehicle control device includes a recognizer configured to recognize a situation in the vicinity of a host vehicle, a first determiner configured to determine whether or not speed of a preceding vehicle present in front of the host vehicle in a host vehicle lane where the host vehicle is present is less than prescribed speed, a second determiner configured to determine whether or not a following vehicle present behind the host vehicle in the host vehicle lane has overtaken the host vehicle when the first determiner determines that the speed of the preceding vehicle is less than the prescribed speed, and a driving controller configured to control speed and steering of the host vehicle and cause the host vehicle to overtake the preceding vehicle when the second determiner determines that the following vehicle has overtaken the host vehicle. In the example of FIG. 4, a scene in which the speed of the preceding vehicle mA is less than the prescribed speed when the host vehicle M follows the preceding vehicle mA is shown. In this scene, the overtaking determiner 148 determines whether or not the following vehicle mB has made the lane change from the host vehicle lane L1 to the adjacent lane L2 and has overtaken the host vehicle M in the adjacent lane L2 before the elapse of the prescribed time. In the example of FIG. 5, a scene in which the following vehicle mB has overtaken the host vehicle M is shown. In the case of such a scene, because the overtaking determiner 148 determines that the following vehicle mB has overtaken the host vehicle M, the action plan generator 140 plans the overtaking event and generates a target trajectory based on the overtaking event. The second controller 160 controls the speed and steering of the host vehicle M in accordance with the target trajectory based on the overtaking event.
Disposition of Claims
Claims 1, 4-8, 11-15 and 18-20 are pending in this application.
Claims 1, 4-8, 11-15 and 18-20 are rejected.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 4-8, 11-15 and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by (Umeda – US 2019/0276029 A1).
Regarding claim 1, Umeda discloses:
A steering control device (automated driving control device 100: Figs. 1-2 and 17) comprising:
a receiver (recognizer 130: Fig. 2) for receiving driving information around a host vehicle (host vehicle M: Figs. 4-16) from a plurality of sensors (camera 10, radar device 12, and finder 14 via the physical object recognition device 16) ([0058]: “The recognizer 130 recognizes states of a position, velocity, acceleration, and the like of a physical object present in the vicinity of the host vehicle M on the basis of information input from the camera 10, the radar device 12, and the finder 14 via the physical object recognition device 16. For example, the position of the physical object is recognized as a position on absolute coordinates (i.e., a relative position with respect to the host vehicle M) with a representative point (a center of gravity, a driving shaft center, or the like) of the host vehicle M as the origin and is used for control. The position of the physical object may be represented by a representative point such as a center of gravity or a corner of the physical object or may be represented by a represented region. The “state” of a physical object may include acceleration or jerk of the physical object or an “action state” (for example, whether or not a lane change is being made or intended)”);
a determiner (action plan generator 140 including an event determiner 142, a target trajectory generator 144, a vehicle stop determiner 146, and {{{an overtaking determiner 148}}}: Fig. 2 and [0061, 0069-0071, 0082-0083, 0087-0088, 0091-0097, 0102, 0104-0114]) configured to determine whether to execute an overtaking operation based on the driving information and a vehicle speed of the host vehicle (host vehicle M: Figs. 4-16); and
a controller (second controller 160 including an acquisitor 162, {{{a speed controller 164, and a steering controller 166}}}: Fig. 2 and [0067, 0072-0073, 0076-0080, 0084-0090, 0094, 0097, 0100-0101, 0103-0110, 0112-0115]) configured to output a control signal for a lane change in response to determine to execute the overtaking operation;
wherein the determiner (action plan generator 140 including an event determiner 142, a target trajectory generator 144, a vehicle stop determiner 146, and {{{an overtaking determiner 148}}}: Fig. 2 and [0061, 0069-0071, 0082-0083, 0087-0088, 0091-0097, 0102, 0104-0114]) determines to execute the overtaking operation if a preceding vehicle exists in front of a driving lane on which the host vehicle is driving and a condition for executing the overtaking operation for the preceding vehicle is satisfied ([0061, 0069-0071, 0082-0083, 0087-0088, 0091-0097, 0102, 0104-0114] and [0067, 0072-0073, 0076-0080, 0084-0090, 0094, 0097, 0100-0101, 0103-0110, 0112-0115]);
wherein the determiner (action plan generator 140 including an event determiner 142, a target trajectory generator 144, a vehicle stop determiner 146, and {{{an overtaking determiner 148}}}: Fig. 2 and [0061, 0069-0071, 0082-0083, 0087-0088, 0091-0097, 0102, 0104-0114]) determines that the condition for executing the overtaking operation is satisfied if the vehicle speed of the host vehicle is less than a value obtained by subtracting a reference value from a predetermined specific speed ([Abstract, 0061, 0069-0071, 0082-0083, 0087-0088, 0091-0097, 0102, 0104-0114] and [0067, 0072-0073, 0076-0080, 0084-0090, 0094, 0097, 0100-0101, 0103-0110, 0112-0115]: “A vehicle control device includes a recognizer configured to recognize a situation in the vicinity of a host vehicle, a first determiner configured to determine whether or not speed of a preceding vehicle present in front of the host vehicle in a host vehicle lane where the host vehicle is present is less than prescribed speed, a second determiner configured to determine whether or not a following vehicle present behind the host vehicle in the host vehicle lane has overtaken the host vehicle when the first determiner determines that the speed of the preceding vehicle is less than the prescribed speed, and a driving controller configured to control speed and steering of the host vehicle and cause the host vehicle to overtake the preceding vehicle when the second determiner determines that the following vehicle has overtaken the host vehicle”).
Regarding claim 8, Umeda discloses:
A steering control method (automated driving control device 100 method: Figs. 1-2 and 17) comprising:
receiving driving information (using recognizer 130: Fig. 2) around a host vehicle (host vehicle M: Figs. 4-16) from a plurality of sensors (camera 10, radar device 12, and finder 14 via the physical object recognition device 16);
determining (using action plan generator 140 including an event determiner 142, a target trajectory generator 144, a vehicle stop determiner 146, and {{{an overtaking determiner 148}}}: Fig. 2 and [0061, 0069-0071, 0082-0083, 0087-0088, 0091-0097, 0102, 0104-0114]) whether to execute an overtaking operation based on the driving information and a vehicle speed of the host vehicle (host vehicle M: Figs. 4-16); and
outputting a control signal (using second controller 160 including an acquisitor 162, {{{a speed controller 164, and a steering controller 166}}}: Fig. 2 and [0067, 0072-0073, 0076-0080, 0084-0090, 0094, 0097, 0100-0101, 0103-0110, 0112-0115]) for a lane change in response to determine to execute the overtaking operation;
wherein the determining (action plan generator 140 including an event determiner 142, a target trajectory generator 144, a vehicle stop determiner 146, and {{{an overtaking determiner 148}}}: Fig. 2 and [0061, 0069-0071, 0082-0083, 0087-0088, 0091-0097, 0102, 0104-0114]) comprises determining to execute the overtaking operation if a preceding vehicle exists in front of a driving lane on which the host vehicle is driving and a condition for executing the overtaking operation for the preceding vehicle is satisfied ([0061, 0069-0071, 0082-0083, 0087-0088, 0091-0097, 0102, 0104-0114] and [0067, 0072-0073, 0076-0080, 0084-0090, 0094, 0097, 0100-0101, 0103-0110, 0112-0115]);
wherein the determining (action plan generator 140 including an event determiner 142, a target trajectory generator 144, a vehicle stop determiner 146, and {{{an overtaking determiner 148}}}: Fig. 2 and [0061, 0069-0071, 0082-0083, 0087-0088, 0091-0097, 0102, 0104-0114]) comprises determining that the condition for executing the overtaking operation is satisfied if the vehicle speed of the host vehicle is less than a value obtained by subtracting a reference value from a predetermined specific speed ([0061, 0069-0071, 0082-0083, 0087-0088, 0091-0097, 0102, 0104-0114] and [0067, 0072-0073, 0076-0080, 0084-0090, 0094, 0097, 0100-0101, 0103-0110, 0112-0115]).
Regarding claim 15, Umeda discloses:
A steering control device (automated driving control device 100: Figs. 1-2 and 17) comprising:
at least one memory (storage device 100-5 such as a flash memory or an HDD: Fig. 17 and [0115]) storing computer program instructions (program 100-5a: Fig. 17 and [0115]); and
at least one processor (CPU 100-2: Fig. 17 and [0115]) executing the computer program instructions (program 100-5a: Fig. 17 and [0115]), wherein the at least one processor (CPU 100-2: Fig. 17 and [0115]) is configured to determines (using action plan generator 140 including an event determiner 142, a target trajectory generator 144, a vehicle stop determiner 146, and {{{an overtaking determiner 148}}}: Fig. 2 and [0061, 0069-0071, 0082-0083, 0087-0088, 0091-0097, 0102, 0104-0114]) whether to execute an overtaking operation based on driving information around a host vehicle (host vehicle M: Figs. 4-16) received from a plurality of sensors and a vehicle speed of the host vehicle (host vehicle M: Figs. 4-16), and
output a control signal (using second controller 160 including an acquisitor 162, {{{a speed controller 164, and a steering controller 166}}}: Fig. 2 and [0067, 0072-0073, 0076-0080, 0084-0090, 0094, 0097, 0100-0101, 0103-0110, 0112-0115]) for a lane change in response to determine to execute the overtaking operation;
wherein the at least one processor determines (action plan generator 140 including an event determiner 142, a target trajectory generator 144, a vehicle stop determiner 146, and {{{an overtaking determiner 148}}}: Fig. 2 and [0061, 0069-0071, 0082-0083, 0087-0088, 0091-0097, 0102, 0104-0114]) to execute the overtaking operation if a preceding vehicle exists in front of a driving lane on which the host vehicle is driving and a condition for executing the overtaking operation for the preceding vehicle is satisfied ([0061, 0069-0071, 0082-0083, 0087-0088, 0091-0097, 0102, 0104-0114] and [0067, 0072-0073, 0076-0080, 0084-0090, 0094, 0097, 0100-0101, 0103-0110, 0112-0115]);
wherein the at least one processor determines that the condition for executing the overtaking operation is satisfied if the vehicle speed of the host vehicle is less than a value obtained by subtracting a reference value from a set speed set for the host vehicle to follow the preceding vehicle or a road speed limit ([0061, 0069-0071, 0082-0083, 0087-0088, 0091-0097, 0102, 0104-0114] and [0067, 0072-0073, 0076-0080, 0084-0090, 0094, 0097, 0100-0101, 0103-0110, 0112-0115]).
Regarding claim 4, Umeda disclose the steering control device according to claim 1, and further on Umeda also discloses:
wherein the predetermined specific speed is a set speed set for the host vehicle to follow the preceding vehicle or a road speed limit ([0061, 0069-0071, 0082-0083, 0087-0088, 0091-0097, 0102, 0104-0114] and [0067, 0072-0073, 0076-0080, 0084-0090, 0094, 0097, 0100-0101, 0103-0110, 0112-0115]).
Regarding claim 5, Umeda disclose the steering control device according to claim 1, and further on Umeda also discloses:
wherein the determiner (action plan generator 140 including an event determiner 142, a target trajectory generator 144, a vehicle stop determiner 146, and {{{an overtaking determiner 148}}}: Fig. 2 and [0061, 0069-0071, 0082-0083, 0087-0088, 0091-0097, 0102, 0104-0114]) determines whether to execute the overtaking operation further by further using a result of comparing an average speed of an overtaking lane adjacent to the driving lane and an average speed of the driving lane ([0061, 0069-0071, 0082-0083, 0087-0088, 0091-0097, 0102, 0104-0114] and [0067, 0072-0073, 0076-0080, 0084-0090, 0094, 0097, 0100-0101, 0103-0110, 0112-0115]: “When the following vehicle mB decelerates in the adjacent lane L2 and the speed of the following vehicle mB is less than prescribed speed, the action plan generator 140 and the second controller 160 suppress the lane change associated with overtaking. Thereby, it is possible to secure a space for the following vehicle mB to retreat in the adjacent lane L2” and “the event determiner 142 changes an event planned in a current section to an overtaking event and the target trajectory generator 144 generates a target trajectory for overtaking the preceding vehicle on the basis of the overtaking event. In response to this, the second controller 160 causes the host vehicle M to temporarily make a lane change to the adjacent lane and causes the host vehicle M to make a lane change to an original lane again after overtaking the preceding vehicle in the adjacent lane by controlling the speed and the steering of the host vehicle M”).
Examiner Notes:
From Present Application Written Specification Paragraphs [0055, 0063] the term “an average speed of an overtaking lane adjacent to the driving lane” means the average value of the driving speeds of vehicles driving in the adjacent lane, and the term “the average speed of the driving lane” means the vehicle speed of the host vehicle just before changing lanes.
Regarding claim 6, Umeda disclose the steering control device according to claim 5, and further on Umeda also discloses:
wherein the determiner (action plan generator 140 including an event determiner 142, a target trajectory generator 144, a vehicle stop determiner 146, and {{{an overtaking determiner 148}}}: Fig. 2 and [0061, 0069-0071, 0082-0083, 0087-0088, 0091-0097, 0102, 0104-0114]) determines to execute the overtaking operation if the average speed of the overtaking lane is greater than the average speed of the driving lane, and the vehicle speed or the set speed of the host vehicle is less than the average speed of the overtaking lane ([0061, 0069-0071, 0082-0083, 0087-0088, 0091-0097, 0102, 0104-0114] and [0067, 0072-0073, 0076-0080, 0084-0090, 0094, 0097, 0100-0101, 0103-0110, 0112-0115]).
Regarding claim 7, Umeda disclose the steering control device according to claim 1, and further on Umeda also discloses:
wherein, in response to determine to execute the overtaking operation, the controller outputs the control signal to control the host vehicle to change from the driving lane to the overtaking lane, and to change again from the overtaking lane to the driving lane after overtaking the preceding vehicle ([0061, 0069-0071, 0082-0083, 0087-0088, 0091-0097, 0102, 0104-0114] and [0067, 0072-0073, 0076-0080, 0084-0090, 0094, 0097, 0100-0101, 0103-0110, 0112-0115]).
Regarding claim 11, Umeda disclose the steering control method according to claim 8, and further on Umeda also discloses:
wherein the predetermined specific speed is a set speed set for the host vehicle to follow the preceding vehicle or a road speed limit ([0061, 0069-0071, 0082-0083, 0087-0088, 0091-0097, 0102, 0104-0114] and [0067, 0072-0073, 0076-0080, 0084-0090, 0094, 0097, 0100-0101, 0103-0110, 0112-0115]).
Regarding claim 12, Umeda disclose the steering control method according to claim 8, and further on Umeda also discloses:
wherein the determining (action plan generator 140 including an event determiner 142, a target trajectory generator 144, a vehicle stop determiner 146, and {{{an overtaking determiner 148}}}: Fig. 2 and [0061, 0069-0071, 0082-0083, 0087-0088, 0091-0097, 0102, 0104-0114]) comprises determining whether to execute the overtaking operation further by further using a result of comparing an average speed of an overtaking lane adjacent to the driving lane and an average speed of the driving lane ([0061, 0069-0071, 0082-0083, 0087-0088, 0091-0097, 0102, 0104-0114] and [0067, 0072-0073, 0076-0080, 0084-0090, 0094, 0097, 0100-0101, 0103-0110, 0112-0115]).
Regarding claim 13, Umeda disclose the steering control method according to claim 12, and further on Umeda also discloses:
wherein the determining (action plan generator 140 including an event determiner 142, a target trajectory generator 144, a vehicle stop determiner 146, and {{{an overtaking determiner 148}}}: Fig. 2 and [0061, 0069-0071, 0082-0083, 0087-0088, 0091-0097, 0102, 0104-0114]) comprises determining to execute the overtaking operation if the average speed of the overtaking lane is greater than the average speed of the driving lane, and the vehicle speed or the set speed of the host vehicle is less than the average speed of the overtaking lane ([0061, 0069-0071, 0082-0083, 0087-0088, 0091-0097, 0102, 0104-0114] and [0067, 0072-0073, 0076-0080, 0084-0090, 0094, 0097, 0100-0101, 0103-0110, 0112-0115]).
Regarding claim 14, Umeda disclose the steering control method according to claim 8, and further on Umeda also discloses:
wherein the outputting comprises outputting, in response to determine to execute the overtaking operation, the control signal to control the host vehicle to change from the driving lane to the overtaking lane, and to change again from the overtaking lane to the driving lane after overtaking the preceding vehicle ([0061, 0069-0071, 0082-0083, 0087-0088, 0091-0097, 0102, 0104-0114] and [0067, 0072-0073, 0076-0080, 0084-0090, 0094, 0097, 0100-0101, 0103-0110, 0112-0115]).
Regarding claim 18, Umeda disclose the steering control device according to claim 15, and further on Umeda also discloses:
wherein the at least one processor determines (action plan generator 140 including an event determiner 142, a target trajectory generator 144, a vehicle stop determiner 146, and {{{an overtaking determiner 148}}}: Fig. 2 and [0061, 0069-0071, 0082-0083, 0087-0088, 0091-0097, 0102, 0104-0114]) whether to execute the overtaking operation further by further using a result of comparing an average speed of an overtaking lane adjacent to the driving lane and an average speed of the driving lane ([0061, 0069-0071, 0082-0083, 0087-0088, 0091-0097, 0102, 0104-0114] and [0067, 0072-0073, 0076-0080, 0084-0090, 0094, 0097, 0100-0101, 0103-0110, 0112-0115]).
Regarding claim 19, Umeda disclose the steering control device according to claim 18, and further on Umeda also discloses:
wherein the at least one processor determines (action plan generator 140 including an event determiner 142, a target trajectory generator 144, a vehicle stop determiner 146, and {{{an overtaking determiner 148}}}: Fig. 2 and [0061, 0069-0071, 0082-0083, 0087-0088, 0091-0097, 0102, 0104-0114]) to execute the overtaking operation if the average speed of the overtaking lane is greater than the average speed of the driving lane, and the vehicle speed or the set speed of the host vehicle is less than the average speed of the overtaking lane ([0061, 0069-0071, 0082-0083, 0087-0088, 0091-0097, 0102, 0104-0114] and [0067, 0072-0073, 0076-0080, 0084-0090, 0094, 0097, 0100-0101, 0103-0110, 0112-0115]).
Regarding claim 20, Umeda disclose the steering control device according to claim 15, and further on Umeda also discloses:
wherein, in response to determine (action plan generator 140 including an event determiner 142, a target trajectory generator 144, a vehicle stop determiner 146, and {{{an overtaking determiner 148}}}: Fig. 2 and [0061, 0069-0071, 0082-0083, 0087-0088, 0091-0097, 0102, 0104-0114]) to execute the overtaking operation, the at least one processor outputs the control signal to control the host vehicle to change from the driving lane to the overtaking lane, and to change again from the overtaking lane to the driving lane after overtaking the preceding vehicle ([0061, 0069-0071, 0082-0083, 0087-0088, 0091-0097, 0102, 0104-0114] and [0067, 0072-0073, 0076-0080, 0084-0090, 0094, 0097, 0100-0101, 0103-0110, 0112-0115]).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ruben Picon-Feliciano whose telephone number is (571)-272-4938. The examiner can normally be reached on Monday-Thursday within 11:30 am-7:30 pm ET.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lindsay M. Low can be reached on (571)272-1196. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RUBEN PICON-FELICIANO/Examiner, Art Unit 3747
/GRANT MOUBRY/Primary Examiner, Art Unit 3747
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